N.Y. Environmental Conservation Law § 27-1431: Access to sites

§ 27-1431. Access to sites.

The department, by and through the commissioner, shall be authorized

to:

1. Require that any person permit a duly designated officer or

employee of the department or of a municipal corporation, or any agent,

consultant, or contractor of the department or of a municipal

corporation, or any other person, including an employee, agent,

consultant, or contractor of an applicant acting at the direction of the

department, so authorized in writing by the commissioner, to enter upon

any property which has or may have been the site of the disposal or

discharge of contaminants, and/or areas near such site, for the

following purposes:

a. to inspect and take samples of such contaminants and/or

environmental media, utilizing such sampling methods as may be necessary

or appropriate, including without limitation soil borings and monitoring

wells; provided, that no sampling methods involving the substantial

disturbance of the ground surface of such property may be utilized until

after a minimum of ten days' written notice thereof shall have been

provided to the owner and operator and occupant of such property, if

identifiable by reasonable efforts, unless the commissioner makes a

written determination that such notice will not allow the protection of

the public health or the environment, in which case two days' written

notice shall be sufficient;

b. to implement the investigation and/or remediation of contamination

and/or environmental media; provided that no such work may be undertaken

until after a minimum of ten days' written notice thereof shall have

been provided to the owner and operator and occupant of such property,

if identifiable by reasonable efforts, unless the commissioner makes a

written determination that such notice will not allow the protection of

the public health or the environment, in which case two days' written

notice shall be sufficient.

(i) If any designated officer or employee of the department or of a

municipal corporation, or any agent, consultant, or contractor of the

department or of a municipal corporation, or any other person, including

an employee, agent, consultant or contractor of a responsible person

acting at the direction of the department obtains any samples prior to

leaving the premises they shall give to the owner a receipt describing

the sample obtained and, if requested, a portion of such sample equal in

volume or weight to the portion retained. If any analysis is made of

such samples, a copy of the results of such analysis shall be furnished

promptly to the owner. Upon the completion of all sampling or subsequent

remediation activities, the department shall remove, or cause to be

removed, all equipment and well machinery and return the ground surface

of the property to its condition prior to such sampling unless the

department and the owner of the property shall agree otherwise.

(ii) the expense of any such sampling and analysis shall be paid by

the department, but may be recovered from any responsible person in any

action or proceeding brought pursuant to this title or common law.

c. to inspect for compliance with the site management plan approved by

the department, including (i) inspection of the performance of

maintenance, monitoring and operational activities required as part of

the remedial program for the site, (ii) inspection for the purpose of

ascertaining current uses of the site, and (iii) taking samples in

accordance with paragraph (a) of this subdivision.

2. a. Require that any person furnish to the department, in a form and

manner as prescribed by the department, information relating to the

current and past contaminant generation, treatment, storage, disposal,

and/or transportation activities of such person or any other person now

or formerly under the control of such person; in the event such person

cannot comply therewith, in whole or in part, such person shall furnish

to the department information describing all efforts made by such person

to comply therewith; any information so furnished to the department

shall be considered a "written instrument" as defined in subdivision

three of section 175.00 of the penal law;

b. Require that any person permit a duly designated officer or

employee of the department at all reasonable times to have access to and

to copy all books, papers, documents, and records relating to the

current and past contaminant generation, treatment, storage, disposal,

and/or transportation activities of such person or any person now or

formerly under the control of such person;

c. Require, by subpoena issued in the name of the department, the

production of books, papers, documents, and other records, and the

rendition of testimony by deposition under oath of any person relating

to the current and past contaminant generation, treatment, storage,

disposal, and/or transportation activities of such person or any person

now or formerly under the control of such person; such subpoenas and

depositions shall be regulated by the civil practice law and rules; the

commissioner may invoke the powers of the supreme court of the state of

New York or any other court of competent jurisdiction to compel

compliance therewith.